Nahua Expeditions - Tarahumara Expedition Waiver
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY APPLICABLE OCCUPIERS LIABILITY LEGISLATION OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY
PLEASE REVIEW AND FAMILIARIZE YOURSELF WITH TRIP DETAILS AND CANCELLATION POLICIES ON OUR WEBSITE AT www.nahuaexpeditions.com/reservations PRIOR TO COMPLETING AND SIGNING THIS RELEASE
TO: NAHUA EXPEDITIONS INC., and their respective owners, directors, officers, employees, agents, representatives, instructors, guides, contractors, subcontractors, sponsors, successors and assigns (all of whom are herinafter collectively referred to as the “Releasees”).
The term “Wilderness Travel ” shall apply to all activities, events and services provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: whitewater rafting, pack-rafting, kayaking and canoeing; rappelling, scrambling and climbing; swimming; hiking; cliff jumping; backpacking; fishing; backcountry travel, travel by power boats; use of safety equipment including personal floatation devices and helmets; climbing harnesses and climbing gear; all transportation and travel to and from rivers or wilderness locations; loading, unloading and travel by or movement in or around vehicles, watercraft; and all related activities.
TRIP CANCELLATION / EVACUATION / MEDICAL INSURANCE
I understand and accept that there may be changes, delays or cancellation of the trip itinerary and I agree to release the Releasees from liability for any damage or expense for delay or cancellation of Wilderness Travel howsoever caused, including but not limited to: change in river, trail, weather conditions; force majeure; illness; strikes or other labour disruption; overbooking or downgrading of services; supplier bankruptcy or insolvency; mechanical failure of transportation or failure of any transportation to arrive or depart on time; or negligence or default on the part of the Releasees. I acknowledge that trip cancellation, evacuation and medical insurance is required and that it is my responsibility to arrange such insurance.
ACKNOWLEDGEMENT – RIVER TRAVEL SAFETY
I acknowledge that I have been advised to wear a helmet while pack-rafting, whitewater rafting and kayaking, and a personal floatation device while participating in all river activities. Instructions as to the proper use of the helmet and the personal floatation device are available from the guides. I am aware that river rafting, pack-rafting and kayaking may involve sudden, violent and unexpected movement of the raft, pack-raft or kayak, which may result in injury or aggravation of previous injuries. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with Wilderness Travel. I acknowledge I will not be under the influence of non-prescription drugs or alcohol while participating in Wilderness Travel.
ASSUMPTION OF RISKS
I am aware that participating in Wilderness Travel involves many risks, dangers and hazards including but not limited to: travel in remote wilderness locations where assistance, medical and first aid services and evacuation may not be readily available and communication may be difficult or not be possible; accidents which occur during transportation or travel to and from the river or remote areas; slips, trips and falls; the overturning or upsetting of rafts, pack-rafts, kayaks, or other watercraft; sudden, violent and unexpected movement of watercraft; entrapment by trees, logs, rocks or equipment; drowning; falling from watercraft into long sections of continuous rapids; impact or collision with rocks, trees, logs, watercraft, or raft equipment; encounters with domestic or wild animals including venomous snakes; variation in the water conditions; rock fall and rock or mud slides; accidents involving hiking, backpacking, walking on slick boulders, scrambling, climbing, rappelling, rope ascending, caving and backcountry travel; miscellaneous health problems related to over-exposure to water, the sun, insect bites, fatigue, stress, dehydration, exertion, high altitude, and lack of fitness; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; and negligence of other participants in Wilderness Travel. I acknowledge that I will be traveling to a remote region of Mexico where encounters with local or Indigenous people may result in outcomes that are beyond the control of the Releasees.
Participants may become lost or separated from their guide or party. Communication on the river and wilderness locations is difficult, and in the event of an accident, rescue and medical treatment may not be available.
I am also aware that there is a risk of NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN WILDERNESS TRAVEL. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN WILDERNESS TRAVEL AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to my participation in Wilderness Travel and permitting my use of their equipment, vehicles and facilities, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my participation in Wilderness Travel DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIER’S LIABILITY LEGISLATION, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN WILDERNESS TRAVEL;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Wilderness Travel;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Chihuahua and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the state of Chihuahua and shall be within the exclusive jurisdiction of the courts of the state of Chihuahua.